Law and judicial dialogue on the return of irregular migrants from the European Union / edited by Madalina Moraru, Galina Cornelisse and Philippe De Bruycker.

Format:

Book

Contributor:

Moraru, Madalina, editor.

Cornelisse, Galina, editor.

Bruycker, Philippe de, editor.

Series:

Modern studies in European law; ; volume 99

Modern studies in European law; volume 99

Language:

English

Subjects (All):

European Parliament. Directive 2008/115/EC.

European Parliament.

Undocumented immigrants--European Union countries.

Undocumented immigrants.

Emigration and immigration law--European Union countries.

Emigration and immigration law.

Asylum, Right of--European Union countries.

Asylum, Right of.

Repatriation--European Union countries.

Repatriation.

Physical Description:

1 online resource (xiv, 510 pages).

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford [England] : Hart, 2020.

System Details:

Mode of access: World Wide Web.

Summary:

"This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law"-- Provided by publisher.

Contents:

Prologue : The Genesis of the EU's Return Policy / Fabian Lutz

Introduction : Judicial Dialogue on the Return Directive : Catalyst for Changing Migration Governance? / Galina Cornelisse and Madalina Moraru

The Scope of the Return Directive : How Much Space is Left for National Procedural Law on Irregular Migration? / Galina Cornelisse

Return Decisions and Domestic Judicial Practices : Is Spain Different? /

Cristina Gortázar Rotaeche

Voluntary Departure as a Priority : Challenges and Best Practices / Ulrike Brandl

The Legal Requirements of the Entry Ban : Th e Role of National Courts

and Dialogue with the Court of Justice of the European Union / Aniel Pahladsingh

Judicial Dialogue in Action : Making Sense of the Risk of Absconding

in the Return Procedure / Madalina Moraru

Cypriot Courts, the Return Directive and Fundamental Rights : Challenges

and Failures / Corina Demetriou and Nicos Trimikliniotis

Alternatives to Immigration Detention in International and EU Law Control Standards and Judicial Interaction in a Heterarchy / Evangelia (Lilian) Tsourdi

Scope and Intensity of Judicial Review : Which Power for Judges within

the Control of Immigration Detention? / Adam Blisa and David Kosař

The Civil Judge as Administrator of Return Detention : The Case of Germany / Jonas Bornemann and Harald Dörig

The Administrative Judge as a Detention Judge : The Case of Lithuania /

Irmantas Jarukaitis and Agnė Kalinauskaitė

Detention of Migrants in Belgium and the Criminal Judge : A Lewis Carroll World / Sylvie Sarolea

Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention? : The Case of Greece / Angeliki Papapanagiotou-Leza and Stergios Kofinis

Can a Justice of the Peace be a Good Detention Judge? : The Case of Italy / Alessia Di Pascale

Duality of Jurisdiction in the Control of Immigration Detention : The Case of France : Trois Hautes Juridictions Nationales pour une Directive : Une Interaction Judiciaire en Trompe l'oeil / Serge Slama

The Right to be Heard : The Underestimated Condition for Effective Returns and Human Rights Consideration / Valeria Ilareva

Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive / Boštjan Zalar

A Lawyer's Perspective on Access to Classified Evidence in Return Cases :

A View from Poland / Jacek Białas

The Return of the Children / Carolus Grütters

Unremovability under the Return Directive : An Empty Protection? / Jean-Baptiste Farcy

The Prohibition of Collective Expulsion as an Individualisation Requirement / Luc Leboeuf and Jean-Yves Carlier.

Notes:

Text in English and French.

Includes bibliographical references and index.

ISBN:

9781509922963

1509922962

9781509922987

1509922989

9781509922970

1509922970

OCLC:

1145089970